AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
This Original Application has been filed for grant of family pension to the applicant.
Learned counsel for the applicant submitted that the applicant is an unmarried daughter of the deceased employee and, therefore, she is entitled to get family pension in terms of the provisions contained under the CCS (Pension) Rules, 1972.
On the other hand, learned counsel for the respondents stated that the claim of the applicant for grant of family pension has been rejected on the ground that her name does not exist in the service book of the deceased employee.
Heard both sides.
The Government of India’s decision under Para (12) appended with Rule 50 of the CCS (Pension) Rules, 1972 lays down the procedure for inclusion of names of the widowed or divorced or unmarried daughter/parents/dependent disabled siblings (i.e. brothers and sisters) in PPO. The same inter alia reads as under:
“(12) Procedure for inclusion of names of the widowed or divorced or unmarried daughter/parents/dependent disabled siblings (i.e. brothers
and sisters) in the PPO. –
xxx xxx xxx
3.With a view to streamlining and cut delays in the pension sanctioning process, it is hereby clarified that in cases wherein eligibility of family members [i.e. divorced or widowed or unmarried daughter/parents/dependent disabled siblings (i.e. brothers/sisters)] occurs after issue of the PPO, the pensioner himself or his/her spouse may intimate the details/names of divorced or widowed or unmarried daughter/parents/dependent disabled siblings (i.e. brothers and sisters), to the pension sanctioning authority as per the procedure indicated in Para.(1) above. Similarly, in cases where the pensioner or his/her spouse has expired, the widowed or divorced or unmarried daughter/parents/dependent disabled sibling can themselves intimate such details to the pension sanctioning authority. However, the family pension in such cases can be processed by the pension sanctioning authority even without such intimation/acknowledgement, if sufficient proof of entitlement is produced by the claimant and all other conditions for grant of family pension are fulfilled.”
(emphasis supplied)
In the light of the instructions quoted above, this Original Application is disposed of with liberty to the applicant to approach the pension sanctioning authority of the respondent department along with the requisite documents. On receipt of the same, the competent authority of the respondent department shall consider and decide the claim of the applicant for grant of family pension, as per the relevant rules/instructions and pass necessary orders in this regard within a period of 90 days thereafter. Needless to say that the competent authority shall pass the reasoned and speaking order. No order as to costs.